Federal Register: December 19, 2007 (Volume 72, Number 243)
DOCID: fr19de07-20 FR Doc 07-6128
DEPARTMENT OF LABOR
Mine Safety and Health Administration
CFR Citation: 30 CFR Part 75
RIN ID: RIN 1219-AB52
NOTICE: RULES
DOCID: fr19de07-20
ACTION: Coal mine safety and health:
DOCUMENT ACTION: Final rule; limited reopening of comment period; availability; notice of public hearing; close of comment period.
SUBJECT CATEGORY:
Sealing of Abandoned Areas
DATES: All comments on the ETS published at 72 FR 28796, May 22, 2007, and other appropriate data must be received by midnight, January 18, 2008, Eastern Standard Time. MSHA will hold a public hearing on January 15, 2008. Details about the public hearing are addressed in the SUPPLEMENTARY INFORMATION section of this document.
DOCUMENT SUMMARY:
The Mine Safety and Health Administration (MSHA) is reopening the comment period for the Emergency Temporary Standard (ETS) on sealing of abandoned areas of underground coal mines to provide commenters time to review and submit comments on the U.S. Army Corps of Engineers' Draft Report ``CFD [Computational Fluid Dynamics] Study and Structural Analysis of the Sago Mine Accident'' (Report).
SUMMARY:
Underground mines—; Abandoned mines; sealing,
SUPPLEMENTAL INFORMATION
I. Background
MSHA issued an Emergency Temporary Standard (ETS) on May 22, 2007, (72 FR 28796), and extended the comment period to September 17, 2007. MSHA is seeking additional public comment on the Report. The Report summarizes the preliminary results of a study performed under contract (MSHA NO 1AAR 6000012) for MSHA's Technical Support Directorate (Technical Support) by the U.S. Army Corps of Engineers (USACE). The USACE conducted research and testing from August 2006 to April 2007. The USACE provided a draft of the Report of their findings to Technical Support in May of 2007. The Report details the USACE's efforts to mathematically model the methane explosion at the Sago Mine and potentially establish the seal overpressures. The Report was not finalized.
MSHA is expressly limiting comments to those which address the
Report as it relates to the regulatory provisions in the ETS. The
Report is available on the Internet at: http://www.msha.gov/CFDSagoReport.pdf. This notice allows commenters sufficient time to
review the Report and submit comments. All comments and other
appropriate data must be received by midnight, January 18, 2008, Eastern Standard Time.
II. Public Hearing
In addition to accepting written comments, MSHA will hold a public hearing on the Report. The hearing will begin at 9 a.m. and will end after the last speaker speaks, on the following date and location: Date Location Phone January 15, 2008....................... Mine Safety and Health Administration, 1100 Wilson 2026939440 Blvd., 25th Floor, Conference Room, Arlington, Virginia 22209.
Requests to speak should be made at least 5 days prior to the hearing date. Requests to speak may be made by telephone (202693 9440), facsimile (2026939441), or mail (MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 222093939). Any unallocated time at the end of the hearing will be made available to persons making sameday requests to speak.
The hearing will begin with an opening statement from MSHA, followed by an opportunity for members of the public to make oral presentations to the hearing panel. Speakers will be assigned in the order in which their requests are received. Speakers and attendees may present written information or other articles to the MSHA panel for inclusion in the rulemaking record.
The hearing will be conducted in an informal manner. Formal rules of evidence and cross examination will not apply. The presiding official may limit presentations and exclude irrelevant or unduly repetitious material and questions to ensure the orderly progress of the hearing. The hearing panelists may ask questions of speakers. Speakers and other attendees may present written information to the MSHA panel for inclusion in the rulemaking record.
MSHA will make the transcript available and will also post the transcript of the hearing on MSHA's Web site at http://www.msha.gov, and include it in the rulemaking record.
MSHA will accept comments and data for the record from any
interested party, including those not presenting oral statements at the hearing.
Dated: December 17, 2007.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 076128 Filed 121707; 2:31 pm]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 222093939. Ms. Silvey can be reached at
Silvey.Patricia@dol.gov (Internet Email), (202) 6939440 (voice), or (202)
[[Page 71792]]
6939441 (facsimile). This notice is available on the Internet at
http://www.msha.gov/REGSINFO.HTM.